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2020 DIGILAW 745 (KAR)

Nagendra @ Nagendrappa S/O Siddappa Hosmani v. Zilla Panchayat Through Its Chief Executive

2020-03-17

KRISHNA S.DIXIT

body2020
ORDER : Petitioner, claiming to be a retrenched workman is invoking the writ jurisdiction of this Court for assailing the judgment & award dated 04.11.2010 entered by the Labour Court, Gulbarga as per Annexure-A whereby his claim petition vide reference by the Government u/s 10(1) (c) of the Industrial Disputes Act, 1947 came to be rejected. 2. After service of notice, respondents 2, 3 & 4 are represented by learned AGA Sri Shivakumar Tengli; respondent No.1-Zilla Panchayat having been served with notice has chosen to remain unrepresented. Learned AGA opposes the writ petition making submission in justification of the impugned award. 3. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as a finding of fact as to the petitioner having not served the Management for the minimum statutory period is recorded by the Labour Court after due adjudication; 4. Such a finding of fact cannot be reversed or upset by a writ Court in the absence of any material irregularity; the Apex Court in the case of Sadhana Lodh vs. National Insurance Co. Ltd. and Another (2003) 3 SCC 524 wherein it is observed as under: “The supervisory jurisdiction conferred on the High Courts under Article 227 of the Constitution is confined only to see whether an inferior court or tribunal has proceeded within its parameters and not to correct an error apparent on the face of the record, much less of an error of law. In exercising the supervisory power under Article 227 of the Constitution, the High Court does not act as an appellate court or a tribunal. It is also not permissible to a High Court on a petition filed under Article 227 of the Constitution to review or reweigh the evidence upon which the inferior court or tribunal purports to have passed the order or to correct errors of law in the decision…..” Therefore, this Court cannot undertake the reexamination of the entire material as if it’s a Court of appeal. 5. The Labour Court has also entered a finding as to delayed reference made by the appropriate Government which may not merit a deeper examination at the hands of Writ Court as rightly pointed out at the Bar. 5. The Labour Court has also entered a finding as to delayed reference made by the appropriate Government which may not merit a deeper examination at the hands of Writ Court as rightly pointed out at the Bar. This apart the fact that the Government has made the reference despite long delay per se may not turn out to be a decisive factor, as rightly contended by the counsel for the workman-petitioner. In the above circumstances, writ petition being devoid of merit, dismissed. No costs.